Questione giuridica chiave
Whether payment of rent arrears by post on the last day of the reminder period was timely under Art. 74 and Art. 257d CO.
Decisione estratta
The tenant complied in time because the contract and circumstances made the post the agreed place of payment, and no clearer contrary instruction was given in the reminder.
Motivazione estratta
Where the contract refers to local lease customs and payment by post, and the reminder does not specify a different crediting account, payment at the post office on the last day satisfies the notice period; the creditor bears the risk of postal delay.